Victim and Witness Protection Act
The Victim and Witness Protection Act (VWPA) of 1982 is a significant legislative measure aimed at safeguarding the rights of crime victims and witnesses during federal trials. This act acknowledges the vital role that these individuals play in the judicial process and emphasizes their fair treatment throughout legal proceedings. Key provisions of the VWPA include protective measures against intimidation or retaliation, privacy considerations during trials, and mechanisms for restitution. It also mandates the inclusion of victim impact statements in presentence reports and facilitates the return of property that is used as evidence. The act extends support to victims and witnesses through employer intervention services and provides training for criminal justice professionals to enhance their engagement with these individuals. Additionally, it prohibits federal felons from profiting from their crimes, emphasizing the importance of justice for victims. Subsequent amendments have further strengthened these protections, ensuring victims are informed about parole hearings and allowing them to provide statements during proceedings. Overall, the VWPA serves as a framework for promoting the rights and dignity of victims and witnesses in the criminal justice system.
Victim and Witness Protection Act
The Law: Federal law providing guidelines for treatment of victims and witnesses in federal trials
Date: Enacted on October 12, 1982
Significance: The multiple changes enacted by the Victim and Witness Protection Act of 1982 affected the experiences of victims within the criminal justice system in a multitude of ways.
The Victim and Witness Protection Act of 1982 (VWPA) was established to address the important role crime victims and witnesses play in a federal trial and to guide criminal justice professionals in their treatment of victims and witnesses. The VWPA called for fair treatment of victims and witnesses throughout the court process and also was formulated as a model for state and local legislation.
Specifically, the VWPA called for protection of crime victims and witnesses from intimidation or retaliation by defendants, consideration of victims in regard to privacy when at trial, restitution, victim impact statements to be included in presentence reports, return of property listed as evidence, and safety when assigning bail to defendants. It also included a provision offering employer intervention services for crime victims and witnesses. To aid criminal justice professionals working with victims and witnesses, the VWPA provided for training and education for federal law-enforcement officers and government attorneys. Additionally, the VWPA prohibited federal felons from profiting from their crimes through literary or other profit-based avenues.
Subsequent amendments to the act include allowing for an oral or written statement at the hearing and assigning U.S. attorneys as federal prosecutors with the responsibility of informing victims of parole hearings.
Bibliography
Karmen, Andrew. Crime Victims: An Introduction to Victimology. 5th ed. Belmont, Calif.: Wadsworth, 2004.
Office for Victims of Crime. New Directions from the Field: Victims’ Rights and Services for the Twenty-first Century. Washington, D.C.: U.S. Department of Justice, 1998.